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NDDB DNA Designated Offences - Section 487.04 of the Criminal Code of Canada (Revised 2017/01)

Disclaimer: Always refer to the Criminal Code of Canada online for up to date information on offences and punishments.

Primary – Compulsory – Form 5.03

Sec. 487.04(a) – Form 5.03

  • 7(4.1) Offence in relation to sexual offences against children
  • 151 Sexual interference
  • 152 Invitation to sexual touching
  • 153 Sexual exploitation
  • 153.1 Sexual exploitation of person with disability
  • 155 Incest
  • 160(2) Compelling the commission of bestiality
  • 160(3) Bestiality in presence of or by a child
  • 163.1 Child pornography
  • 170 Parent or guardian procuring sexual activity
  • 171.1 Making sexually explicit material available to child
  • 172.1 Luring a child
  • 172.2 Agreement or arrangement – sexual offence against child
  • 173(2) Exposure
  • 235 Murder
  • 236 Manslaughter
  • 239 Attempt to commit murder
  • 244 Causing bodily harm with intent with a firearm
  • 244.1 Causing bodily harm with intent with an air gun or pistol
  • 244.2 Discharging firearm - recklessness
  • 245(a) Administering noxious thing with intent to endanger life or cause bodily harm
  • 246 Overcoming resistance to the commission of an offence
  • 267 Assault with a weapon or assault causing bodily harm
  • 268 Aggravated assault
  • 269 Unlawfully causing bodily harm
  • 270.01 Assaulting peace officer with weapon or causing bodily harm
  • 270.02 Aggravated assault of peace officer
  • 271 Sexual assault
  • 272 Sexual assault with a weapon, threats to a third party or causing bodily harm
  • 273 Aggravated sexual assault
  • 273.3(2) Removal of a child from Canada
  • 279 Kidnapping & forcible confinement
  • 279.011 Trafficking – person under 18 years
  • 279.02(2) Material benefit — trafficking of person under 18 years
  • 279.03(2) Withholding or destroying documents — trafficking of person under 18 years
  • 286.1(2) Obtaining sexual services for consideration from person under 18 years
  • 286.2(2) Material benefit from sexual services provided by person under 18 years
  • 286.3(2) Procuring — person under 18 years
  • 344 Robbery
  • 346 Extortion

Primary – Presumptive – Form 5.03

Sec. 487.04 (a.1)

  • 75 Piratical acts
  • 76 Hijacking
  • 77 Endangering safety of aircraft or airport
  • 78.1 Seizing control of ship or fixed platform
  • 81(1) Using explosives
  • 82.3 Possession, etc., of nuclear material, radioactive material or device
  • 82.4 Use or alteration of nuclear material, radioactive material or device
  • 82.5 Commission of idictable offence to obtain nuclear material, etc.
  • 82.6 Threats of 82.3, 82.4, and 82.5
  • 83.18 Participation in activity of terrorist group
  • 83.181 Leaving Canada to participate in activity of terrorist group
  • 83.19 Facilitating terrorist activity
  • 83.191 Leaving Canada to facilitate terrorist activity
  • 83.2 Commission of offence for terrorist group
  • 83.201 Leaving Canada to commit offence for terrorist group
  • 83.202 Leaving Canada to commit offence that is terrorist activity
  • 83.21 Instructing to carry out activity for terrorist group
  • 83.22 Instructing to carry out terrorist activity
  • 83.221 Advocating or promoting commission of terrorism offences
  • 83.23 Harbouring or concealing
  • 233 Infanticide
  • 279.01 Trafficking in a person
  • 279.02(1) Material benefit — trafficking
  • 279.03(1) Withholding or destroying documents — trafficking
  • 279.1 Hostage taking
  • 286.2(1) Material benefit from sexual services
  • 286.3(1) Procuring
  • 348(1)(d) Breaking and entering a dwelling-house
  • 423.1 Intimidation of a justice system participant or journalist
  • 431 Attack on premises, residence or transport of internationally protected person
  • 431.1 Attack on premises, accommodation or transport of United Nations or associated personnel
  • 431.2(2) Explosive or other lethal device
  • 467.11 Participation in activities of criminal organization
  • 467.111 Recruitment of members — criminal organization
  • 467.12 Commission of offence for criminal organization
  • 467.13 Instructing commission of offence for criminal organization

Sec 487.04(c.1) – The Security of Information Act

  • 6 Approaching, entering, etc., a prohibited place
  • 20(1) Threats or violence
  • 21(1) Harbouring or concealing

Sec 487.04(d) – Attempt & Conspiracy of Primary Offences

An attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03) constitutes a primary presumptive offence (including Primary Mandatory offences).

Primary – Historical

Compulsory

Sec. 487.04(c.02) – Offences prior to December 6, 2014

  • 212(1)(i), 212(2), 212(2.1), 212(4) Prostitution

Presumptive

Sec. 487.04(b) – Sexual offences prior to January 4, 1983

  • 144, 145, 146, 148, 149, 156, 157, 246(1)

Sec. 487.04(c) – Sexual offences prior to January 1, 1988

  • 146(1), (2), 153, 157, 166, 167

Sec. 487.04(c.01) – Sexual offences 1970-1983

  • 246.1, 246.2, 246.3 Sexual assaults...

Sec. 487.04(c.03) – Offences prior to December 6, 2014

  • 212(1)(a) to (h) Procuring prostitution

Note: For a full description of the historical offences, please refer to page 3.

Secondary Offences – Form 5.04

Sec. 487.04(d) – As they read from time to time before July 1, 1990

  • 433, 434

Sec. 487.04(c) – Listed Secondary: Mode of trial is not relevant

  • 145(1) to (11) Escape and being at large without excuse, failure to comply, etc.
  • 146 Permitting or assisting escape
  • 147 Rescue or permit escape
  • 148 Assist prisoner of war to escape
  • 173(1) Indecent acts
  • 252 Failure to stop at scene of accident
  • 264 Criminal harassment
  • 264.1 Uttering threats
  • 266 Assault
  • 270 Assaulting a peace officer
  • 286.1(1) Obtaining sexual services for consideration
  • 348(1)(e) Breaking and entering a place other than dwelling-house
  • 349 Being unlawfully in a dwelling-house
  • 423 Intimidation

Sec. 487.04(b) – Controlled Drugs and Substances Act section

(only if prosecuted by indictment and maximum punishment is imprisonment for five years or more)

5 Trafficking in substance and possession for purpose of trafficking

  • + 5(3)(a)
  • + 5(3)(b)*

+If the subsection is not listed on the DNA Order, the substance and amount must be confirmed (ie: in cases involving Cannabis).

6 Importing and exporting

  • ++ 6(3)(a), (a.1)
  • ++ 6(3)(b)*

7 Production of substance

  • ++ 7(2)(a), (a.1)
  • ++ 7(2)(b)
  • ++ 7(2)(c)*
  • ++ 7.1

++If the subsection is not listed on the DNA Order, the substance must be confirmed.

Sec. 487.04(e) – Attempt & Conspiracy of Secondary offences

  • (i) to commit a Hybrid or CDSA offence referred to in paragraph (a) or (b) must be prosecuted by indictment to qualify
  • (ii) to commit an offence referred to in paragraph (c) or (d).

Generic/Hybrid Secondary Offences Sec. 487.04(a)

(Criminal Code offences that are prosecuted by indictment for which the maximum punishment is imprisonment for five years or more.)

Form 5.04

  • 47 High treason and treason
  • 49 Acts intended to alarm Her Majesty or break the public peace
  • 50 Assisting alien enemy to leave Canada or omitting to prevent treason
  • 51 Intimidating Parliament or legislature
  • 52 Sabotage
  • 53 Inciting mutiny
  • 56.1*Identity Documents
  • 57(1) Forge or use forged passport
  • 57(3) Possession of forged passport, etc
  • 61 Punishment of seditious offences
  • 62 Offences in relation to military offences
  • 65(2) Riot while wearing a mask
  • 66(2)* Unlawful assemblies while wearing a mask
  • 68 Proclamation offences
  • 70 Unlawful drilling – Orders by Governor in Council
  • 74 Piracy
  • 78 Take weapon or explosive on board
  • 80 Breach duty of care re explosive substances
  • 82 Possession of explosives w/o lawful excuse
  • 83.02 Providing or collection property for certain purposes
  • 83.03 Providing, making available, etc., property/services for terrorist
  • 83.04 Using or possessing property for terrorist purposes
  • 83.12* Offences - freezing of property, disclosure, or audit
  • 83.231* Hoax terrorist activity
  • 83.27 Punishment for terrorist activity
  • 85 Use of firearm or imitation in commission of offence
  • 86(a)(ii)* Careless use, storage of firearm (2nd / subsequent offence)
  • 87* Pointing a firearm (2nd / subsequent offence)
  • 88* Possession of weapon for dangerous purpose
  • 90* Carry a concealed weapon
  • 91* Unauthorized possession firearm, etc.
  • 92 Possession of firearm, etc. knowing unauthorized
  • 93* Possession at unauthorized place
  • 94* Unauthorized possession in motor vehicle
  • 95* Possessing of prohibited or restricted firearm with ammunition
  • 96* Possession of weapon obtained by offence
  • 98(1) Break & Entering to steal firearm
  • 98.1 Robbery to steal firearm
  • 99 Weapons trafficking
  • 100 Possession for purpose of weapon trafficking
  • 101* Transfer without authority
  • 102* Making automatic firearm
  • 103 Importing/exporting knowing unauthorized
  • 104* Unauthorized importing/exporting
  • 105* Losing or finding weapons
  • 106* Destroying weapons
  • 107* False statements
  • 108* Tampering with serial number
  • 117.01* Possession contrary to order, etc
  • 119 Bribery of judicial officers
  • 120 Bribery of officers, etc
  • 121 Frauds on the government
  • 121.1* Selling, etc., of tobacco products and raw leaf tobacco
  • 122 Breach of trust by public officer
  • 123 Municipal corruption
  • 124 Selling or purchasing office
  • 125 Influencing or negotiating appointments or dealing in offices
  • 130* Personating peace officer
  • 132 Perjury
  • 136 Witness giving contradictory evidence
  • 137 Fabricating evidence
  • 139(2) Obstructing justice
  • 140* Public mischief
  • 142 Corruptly taking reward for recovery of goods
  • 144 Prison breach
  • 159(1)* Anal Intercourse
  • 160(1)* Bestiality
  • 162* Voyeurism
  • 162.1* Publication, etc., of intimate image without consent
  • 171 Householder permitting sexual activity
  • 182 Dead body
  • 184 Interception of communications
  • 184.5 Interception of radio-based telephone communications
  • 215* Duty of persons to provide necessaries
  • 218* Abandoning child
  • 220 Causing death by criminal negligence
  • 221 Causing bodily harm by criminal negligence
  • 238 Killing unborn child in act of birth
  • 240 Accessory after fact to murder
  • 241 Counseling or aiding suicide
  • 241.3* Failure to safeguards re medical dying
  • 241.4* Forgery re medical dying
  • 242 Neglect to obtain assistance in child birth
  • 247 Set traps likely to cause bodily harm
  • 248 Interfering with transportation facilities
  • 249(2)* Dangerous driving
  • 249(3) Dangerous driving causing bodily harm
  • 249(4) Dangerous driving causing death
  • 249.1(2)* Flight
  • 249.1(4) Flight causing bodily harm or death
  • 249.2 Causing death by criminal negligence - street racing
  • 249.3 Causing bodily harm by criminal negligence – street racing
  • 249.4(1)/(2)* Dangerous operation of MV while street racing
  • 249.4(3) Dangerous operation causing bodily harm – street racing
  • 249.4(4) Dangerous operation causing death – street racing
  • 251 Unseaworthy vessel and unsafe aircraft
  • 254(5)* Failure/refusal to provide sample
  • 255(1)* Impaired driving
  • 255(2) Impaired driving causing bodily harm
  • 255(2.1) Impaired driving over 80 mg causing bodily harm (CBH)
  • 255(2.2) Refusing to provide sample CBH
  • 255(3) Impaired driving causing death
  • 255(3.1) Impaired driving over 80 mg causing death (CD)
  • 255(3.2) Refusing to provide sample CD
  • 259(4)* Operation while disqualified
  • 262 Impeding attempt to save life
  • 269.1 Torture
  • 270.1* Disarming a peace officer
  • 280 Abduction of person under 16
  • 281 Abduction of person under 14
  • 282* Abduction in contravention of custody order
  • 283* Abduction
  • 286.4* Advertising sexual services
  • 287(1) Procuring miscarriage
  • 291 Bigamy
  • 292 Procuring feigned marriage
  • 293 Polygamy
  • 293.1 Forced marriage
  • 293.2 Marriage under the age of 16 years
  • 300 Libel known to be false
  • 302 Extortion by libel
  • 318 Advocating genocide
  • 333.1(1)* Theft of motor vehicle
  • 334(a) Theft over $5000 (See Sec 322-333)
  • 336 Criminal breach of trust
  • 337 Public servant refusing to deliver property
  • 338 Theft of/Fraudulently taking cattle or defacing brand
  • 339(1) Taking possession, etc of drift timber
  • 340 Destroying documents of title
  • 342* Theft, forgery, etc or unauthorized use of credit card
  • 342.01* Instruments for forgery or falsifying credit cards
  • 342.1* Unauthorized use of computer
  • 345 Stopping mail with intent
  • 347* Criminal interest rate
  • 351(1)* Possess break-in instrument
  • 351(2) Disguise with intent
  • 353.1* Tampering with vehicle identification number
  • 355(a) Possess property over $5000/testamentary
  • 355.5* Trafficking or Possession in property obtained by crime (See Sec. 355.2 and 355.4)
  • 356* Theft from mail
  • 357 Bringing into Canada property obtained by crime
  • 362(2)(a) False pretence or false statement over $5000
  • 362(3) False pretence or false statement
  • 363 Obtaining execution of security by fraud
  • 367* Forgery
  • 368* Uttering forged document
  • 368.1* Forgery instruments
  • 369 Exchequer bill paper, seals, etc
  • 370 Counterfeit proclamation
  • 371 Telegram in false name
  • 374 Drawing document w/o authority
  • 375 Obtaining, etc based on forged documents
  • 376 Using counterfeit stamp, etc
  • 377 Damaging documents
  • 378 Offence in relation to registers
  • 380(1)(a) Fraud over $5000
  • 380(2) Fraud affecting public market
  • 382 Fraudulent manipulation of stock transactions
  • 382.1(1) Insider trading
  • 382.1(2)* Stock tipping
  • 383 Gaming in stocks or merchandise
  • 384 Broker reducing stock by selling for his own account
  • 386 Fraudulent registration of title
  • 394 Possession of stolen or fraudulently obtained valuable minerals
  • 394.1 Possession stolen/ fraudulently valuable minerals
  • 396 Offence in relation to mines
  • 397 Falsification of books & documents
  • 399 False return by public officer
  • 400 False prospectus, etc
  • 402.2* Identity Theft
  • 403* Personation with intent
  • 405 Acknowledging instrument in false name
  • 418 Selling defective stores to Her Majesty
  • 420* Military stores
  • 422* Criminal breach of contract
  • 424 Threat against internationally protected person
  • 424.1 Threats against United Nations or associated personnel
  • 425.1* Threats and retaliation against employees
  • 426 Secret commissions (Kickbacks)
  • 430(2), (3)*, (4.1)*, (4.2)*,(4.11)*, (5)*, (5.1)* Mischief
  • 432(2)* Unauthorized recording for the purpose of sale, etc
  • 433 Arson – disregard for human life
  • 434 Setting fire to other substance
  • 434.1 Arson – own property
  • 435 Arson for fraudulent purpose
  • 436 Arson by negligence
  • 436.1 Possession of incendiary material
  • 438(1) Interfering with saving of wrecked vessel
  • 439(2) Interfering with marine signal
  • 441 Occupant injuring building
  • 443 Interfering with international boundary marks
  • 444* Injuring or endangering cattle
  • 445* Injuring or endangering other animals
  • 445.01* Killing or injuring certain animals
  • 445.1* Causing unnecessary suffering (Cruelty to Animals)
  • 447* Keeping cockpit
  • 449 Counterfeit money, making
  • 450 Possession, etc of counterfeit money
  • 451 Having unauthorized clippings, etc
  • 452 Uttering counterfeit money, etc
  • 455 Clipping & uttering clipped coin
  • 458 Making, having or dealing in instrument for counterfeiting
  • 459 Conveying instruments for coining out of Mint, etc
  • 460 Advertising & dealing in counterfeit money, etc
  • 462.31* Laundering proceeds of crime
  • 462.33(11)* Fail to comply with restraint order
  • 463 Accessory after the fact if by indictment and punishment of predicate is 10 years or more
  • 464 Counsel to commit if by indictment and punishment of predicate is 5 years or more
  • 753.3(1) Breach of order of long term supervision

* = Represent a hybrid offence that becomes a secondary offence only if prosecuted by indictment - for which the maximum punishment is imprisonment of 5 years or more.

NDDB DNA Designated Historical Offences – Section 487.04 (b to c.03)

Primary – Compulsory Historical

Sec. 487.04(c.02) – Offences prior to December 6th, 2014:

  • 212(1)(i) Stupefying or overpowering for the purpose of sexual intercourse
  • 212(2) Living on the avails of prostitution of a person under the age of 18
  • 212(2.1) Aggravated offence in relation to living on the avails of prostitution of a person under the age of 18
  • 212(4) Obtaining prostitution of person under age of 18

Primary – Presumptive Historical

Sec. 487.04(b) – Sexual offences prior to January 4, 1983

  • 144 Rape
  • 145 Attempt to commit rape
  • 146 Sexual intercourse with female under 14 & between 14 and 16
  • 148 Sexual intercourse with feeble-minded, etc.
  • 149 Indecent assault on female
  • 156 Indecent assault on male
  • 157 Acts of gross indecency
  • 246(1) Assault with intent (if intent is to commit an offence listed above)

Sec. 487.04(c) – Sexual offences prior to January 1, 1988

  • 146(1) Sexual intercourse with a female under age of 14
  • 146(2) Sexual intercourse with a female between ages of 14 and 16
  • 153 Sexual intercourse with step-daughter
  • 157 Gross indecency
  • 166 Parent or guardian procuring defilement
  • 167 Householder permitting defilement,

Sec. 487.04(c.01) – Sexual offences 1970-1983

  • 246.1 Sexual assault
  • 246.2 Sexual assault with a weapon, threats to a third party or causing bodily harm
  • 246.3 Aggravated sexual assault

Sec. 487.04(c.03) – Offences prior to December 6th, 2014

  • 212(1)(a) to (h) Procuring prostitution

Secondary

Sec. 487.04 (d) – An offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990, namely,

  • 433 Arson, attempt & conspiracy included
  • 434 Setting fire to other substance, attempt & conspiracy incl.

National Defence Act

Secondary Designated Offences

Sec. 196.11 Secondary Designated Offence (b)

  • 77(a) Violence to person bringing materiel to forces
  • 79 Mutiny w violence
  • 84 Striking a superior officer
  • 87 (b) Violence while in custody
  • 95 Striking a subordinate
  • 107 (a) Endangering a person on aircraft
  • 127 Handling of dangerous substances

Sec. 196.11(c) Attempt & Conspiracy of Secondary offences:

An attempt to commit or a conspiracy to commit any offence referred to in paragraph (a) or (b).